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Transitional justice and economic, social and cultural rights

image of Transitional justice and economic, social and cultural rights
The failure to fulfil economic, social and cultural rights and the outright violation of these rights are often at the root of conflict. Furthermore, the actions and omissions by States and non-State actors during conflict can also amount to violations of economic, social and cultural rights, and particularly affect the most vulnerable. Yet, there has been no widespread move in transitional justice processes to examine the root causes of the conflict or to look into violations of economic, social and cultural rights. The Office of the United Nations High Commissioner for Human Rights has explored in greater depth the ways in which transitional justice processes have addressed or could address violations of economic, social and cultural rights. This publication presents the outcome of that work.

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Introduction

In March 2010, the United Nations Secretary-General released his “Guidance Note on the United Nations Approach to Transitional Justice”. Its principle 9 calls on the United Nations to “strive to ensure transitional justice processes and mechanisms take account of the root causes of conflict and repressive rule, and address violations of all rights, including economic, social and cultural rights.” The Guidance Note further emphasizes that such an approach is needed for peace to prevail.

English

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